Legal Opinion

Fowler v. Seaboard Airline Railway Co.

Superior Court of Pennsylvania

Decided February 20, 1914No. Appeal, No. 173Published

Appeal, No. 173, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1909, No. 3,377, for defendant on case stated in suit of Samuel S. Fowler et. al., trading as Fowler Net Twine Company, v. Seaboard Airline Railway Company. Case stated to determine liability for goods sold at public auction. The facts are stated in the opinion of the Superior Court. . Error assigned was in entering judgment for defendant ' on case stated.

1Opinion of the Court

Opinion by

Orlady, J.,

This case stated shows, that the plaintiffs on September 17, 1908, delivered a bale of fish netting to the Penna. R. R. Co. at Philadelphia, consigned to the order of themselves, to Sarasota, Mantee county, Florida, with notice to be given to the “Sarasota and Boca Grande Fishing Company,” as purchasers. The property was transferred by the initial carrier to , the defendant company, and by it carried safely over its line to destination, where it arrived on September 19, 1908. The bale remained in the custody of the defendant com*347pany from the time of its acceptance, until…

2Cases cited10 opinions

  1. Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
  2. Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
  3. Musser v. StaufferSupreme Court of Pennsylvania · 1899
  4. Burnett v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  5. National Line Steamship Co. v. SmartSupreme Court of Pennsylvania · 1884

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